Welcome to the Australian Communications and Media Authority's website. If you are utilising a screen reader, please read our accessibility information page for details as to how to gain access to content on our site in other formats.
Australian Government - Australian Communications and Media Authority

Do Not Call Register – Information for industry

 

Financial penalties for breaches of the legislation have recently increased

Under most Commonwealth laws, financial penalties are expressed in terms of ‘penalty units’ instead of dollar figures. As an example, a maximum fine would generally be expressed as ’10 penalty units’ as opposed to ‘$1000’. The Australian Government recently increased the value of penalty units that apply to breaches of most Australian Government laws.

On 28 December 2012, the value of a penalty unit for calculating financial penalties increased from $110 to $170. The penalty unit value had not been adjusted since 1997. The civil penalties that apply for contraventions of the Do Not Call Register Act 2006 are calculated using penalty units. This means that all financial penalties calculated using penalty units under the Do Not Call Register Act 2006 will be higher for breaches of the legislation that occur on or after 28 December 2012.

The ACMA is currently in the process of updating its website and other information and fact sheets about the Do Not Call Register Act 2006 to reflect the new higher penalty unit value.

 

About the Do Not Call Register Act 2006

Under the Do Not Call Register Act 2006 (the Act) telemarketers and fax marketers must not contact numbers registered on the Do Not Call Register. This is subject to limited exemptions.

To assist telemarketers and fax marketers to minimise the possibility of breaching the Act, the Act makes provision for businesses planning to make telemarketing calls or send marketing faxes to access the register to check or "wash" their contact lists against the numbers listed on the register. Subscription fees generally apply.

To wash lists, telemarketers and fax marketers are able to open an account, select an annual subscription type and submit calling lists to the register operator for checking against the register. Detailed information about subscriptions and the washing service are available on the Do Not Call Register website.

For any further queries about the washing service, please call the industry hotline on 1300 785 749.

Once contact lists have been washed, businesses will be able to identify which numbers are on the register and must not be called or faxed, and which numbers are not on the register and may be called or faxed.

The prohibition on making unsolicited calls or faxes to a number on the Do Not Call Register does not apply if:

  • the telemarketer or fax marketer had washed their list in the last 30 days and the number was not on the register
  • the relevant phone or fax account holder or their nominee consented to the call or fax
  • the call or fax was made or sent, or caused to be made or sent by mistake or
  • the person took reasonable precautions, and exercised due diligence, to avoid the contravention.

There are some limited exemptions which allow some organisations operating in the public interest to contact numbers listed on the register. Government bodies, educational or religious organisations, registered political parties, independent members of parliament, electoral candidates and charities are all entitled to these exemptions.

Industry compliance

The legislation provides a range of enforcement options to the ACMA to deal with minor to very serious breaches. Penalty options include issuing formal warnings and infringement notices, seeking enforceable undertakings and taking civil court action.

The ACMA’s general approach to compliance is to negotiate and resolve the matter, without resorting to formal procedures. However, if informal resolution is unsuccessful or inappropriate the ACMA will take appropriate enforcement action.

Further information about the ACMA’s approach to complaints and investigations and the enforcement actions and penalties is available.

Detailed advice about measures that telemarketers and fax marketers can take to comply with key requirements of the legislation is available in the Do Not Call Register Act 2006 Compliance Guide.

Access to the register

Information about the washing service, subscription types and access fees is available on the Do Not Call Register website.

More information about the Do Not Call Register is available from:

  • Industry assistance line: 1300 785 749
  • Post: PO Box 42, North Melbourne Vic 3051

Cost recovery

Information about industry cost recovery arrangements is available in the Cost Recovery Impact Statement for the Do Not Call Register.

Legislation

Legislation, including relevant Acts and amendments, determinations, and regulations are available on the Do Not Call Register legislation page.

Media releases and announcements

Information sheets

The ACMA has produced a number of information sheets to help industry understand specific parts of the Do Not Call legislation.

Media releases

Media releases about the Do Not Call Register and telemarketing industry standard are available as follows:

2013

2012

2011

2010

2009 - 2006

 

Useful information


Last update: 16 April 2013 11:44